Constitutional Court Clarifies Standard for Workers Close to Acquiring the Old-Age Pension

In 2017, the Constitutional Court established that a private sector employer cannot dismiss an employee who has less than three years left to acquire the right to an old-age pension. The Court recently set an additional criterion that limits the protection from dismissal only for workers who are weeks away from meeting the pension requirement.

The Supreme Court of Justice recently clarified the requisite criterion that employers must meet to request prior permission from the Ministry of Labor to dismiss workers with disabilities. Under the decision, employers are required to show that the dismissal would be based on an objective and just cause.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.